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HomeMy Public PortalAbout07 10 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2020 AT 9:00 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. NOTE: THERE WAS LIMITED PUBLIC ACCESS TO TOWN HALL. THIS TOWN COMMISSION MEETING WAS ABLE TO BE ACCESSED ONLINE, INCLUDING ALLOWING FOR PUBLIC COMMENT. I. Call to Order Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Paul A. Lyons, Jr. Commissioner Joan Orthwein Commissioner Donna S. White Commissioner Also Present & Participating: IV. Minutes Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Town Manager Asst. Town Attorney Police Chief Town Clerk A. Regular Meeting of June 12, 2020 Vice Mayor Stanley made a motion to approve the minutes of the regular meeting on June 12, 2020. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items Item X.D was withdrawn. Item X.C. moved to VII. A. VI. Announcements A. Regular Meetings and Public Hearings 1. August 14, 2020 at 9:00 A.M. 2. September 11, 2020 at 4:00 P.M. followed by Tentative Budget Hearing at 5:01 P.M. 3. September 22, 2020 at 5:01 P.M. Final Budget Hearing 4. October 9, 2020 at 9:00 A.M. 5. November 13, 2020 at 9:00 A.M. 6. December 11, 2020 at 9:00 A.M. VII. Communication from the Public (3 min. maximum) A. Change Order Request-AlA Water Main Improvement Phase 2 - Baxter and Woodman Mr. Rick Chipman, representing Baxter & Woodman, explained some changes they were requesting to the contract. He stated that since the design was completed, there were quite a few additional utilities Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. put into the corridor along the shoulder that were discovered by the contractor during his initial investigation before work could begin. Mr. Chipman stated they immediately began working on solutions and felt that, although it costs a little more, the change stays within the total contract and they had put in a contingency to account for things of this nature. He added that the solution to put it under the road is beneficial to the Town because the pipeline will not be so deep and will not be a directional boring. Mr. Chipman stated maintenance would be much improved, all the services to the residents would be bored underneath the trees, they would be avoiding all the Australian Pines and utilities completely and had they originally designed it that way, it would have cost much more. Mayor Morgan asked if this was just a section and Town Manager Dunham answered it was Golfview to Sea Road. Mr. Chipman stated it would be a $46,000 change and they had a $115,000 contingency so there was still $68,000 for any other problems that may occur during the construction process and the contractor is ready to proceed if the change is approved. Mayor Morgan asked if that was a hard number to which Mr. Chipman answered in the affirmative adding it had already been negotiated. Vice Mayor Stanley asked about the schedule and Mr. Chipman answered it would wrap up as scheduled in November. Town Manager Dunham stated there was approximately two more weeks work on County Road and then they would move on to Little Club Road. He asked Mr. Chipman if the work would be simultaneous or if it would begin after Little Club was completed. Mr. Chipman stated the plan was to begin simultaneously but if they didn't need to do that to stay on schedule then they would continue what they are doing now and then move on. Mayor Morgan asked when County Road would be paved to which Mr. Chipman answered at the completion of the project in November because they usually bring in pavers once, but he would have to look at the schedule to be sure. Town Manager Dunham stated that his understanding was once the pressure was tested and certified by the State they were going to come in with the asphalt. He added that he would verify that for the Commissioners. Commissioner White asked if there were going to be any accommodations made for bicyclists during the construction to which Town Manager Dunham answered they would be treated just like vehicles and be subject to traffic law. Vice Mayor Stanley made a motion to approve the change -order in the amount of $46,280. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. VIII. Public Hearing A. Applications for Development Approval 1. 530 Old School Road a. Declaration of Ex -Parte Communication There was none. E Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. b. Administer Oaths Town Clerk Taylor swore in Mr. Richard Jones and Mr. Louis Vlahos. c. An application submitted by Richard Jones, Richard Jones Architecture, as agent for Alex and Francesca Lewis, Owners of the property located at 530 Old School Road, Gulf Stream, Florida legally described as Lot 8, Polo Fields Subdivision. (1) DEMOLITION PERMIT to demolish existing Structures. (2) LAND CLEARING PERMIT to clear property for new construction. (3) SPECIAL EXCEPTION to permit an additional 153 sq. ft. over the maximum floor area ratio for covered open area. (4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a 5,266 sq. ft. Colonial West Indies 2 -story, single family dwelling, two- and one-half car garage and a swimming pool. Mr. Louis Vlahos, landscape architect, began by stating they had tried to save a lot of the existing trees because they are large and mature, but when they decided to raise the seawall by two feet, there was no room to relocate a couple of the larger trees. He added that two Ficus trees in the front would not make it if they were relocated, so they needed to eliminate those as well. Mr. Vlahos added that the circumstances of raising the elevation was not allowing them to keep some of the large materials and thought this was going to happen more and more as they keep raising the elevations. He noted the 10-12 ft. hedges on the east and west side were staying as well as the Areca Palms and he then explained in detail the landscaping being proposed and what vegetation was being relocated. Mr. Vlahos stated a lot of the landscaping was for privacy and screening, but they wanted to keep the views in the rear open as much as possible. Commissioner Lyons asked about a large tree that gave nice separation to the houses and was pleased to know it was to be replaced with something comparable. Vice Mayor Stanley asked what shape the Ficus hedges were in and Mr. Vlahos answered they were very healthy and per the owner's request they were trying to maintain them. Mr. Richard Jones, Architect, began by stating this lot is in an area of town that is prone to flooding so they had to take that into consideration when proposing the design of the 5,240 sq. ft. two-story home. Mr. Jones pointed out that the mature hedges along the east and west property lines were staying in place. He added the lot coverage was below the minimum required and the pervious area was above the minimum required and they were able to increase the setback from the existing house by using the two-story approach. Mr. Jones explained the 3 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. symmetrical front entry and entry courtyard was designed to pick up the grade differential they had from the street and driveway to the house to meet the minimum requirements of the Florida Building Code and with FEMA it had to be at 7.0 NAVD. He also noted the new dock and seawall that was being raised 24 inches. Commissioner Orthwein asked how that worked with the adjacent neighbors and Mr. Jones explained that there would be a slight differential but in the past year and a half the FEMA requirements and the Florida building code updates have ben requiring finished floors to be increased higher and higher. He added that the houses designed today had to be built a minimum of 18 inches above the elevation they were 18 months ago, and it was a delicate balance of how much they raised the site to have consistency with the adjacent properties. Commissioner Orthwein asked if there was any way to coordinate with the neighbors to see if everyone wanted to raise their seawalls at the same time instead of piecemealing it together. Mr. Jones stated that they could reach out to the neighbors on either side. He added they took into consideration Section 70.73 C. regarding the massing of two-story homes and they provided the additional setbacks required and incorporated the front porch at the same time. He stated it was a Colonial Western style with shaker shutters, lap siding and expunged outriggers. Mayor Morgan stated that it was very vertical and thought the second story windows were very narrow. Mr. Jones answered that the windows were 3' wide and 6' tall and consistent with the LDR for that architectural style. Vice Mayor Stanley and Commissioner Orthwein agreed with the Mayor. Mr. Jones stated that the window in the center was in a spot where it could be reduced in size but a lot of the landscaping in the circular drive would screen out most of the second - floor facade. He then recommended to change all three of the windows to be consistent with the height of the window on the side, which was only 5' tall. Mr. Jones added he thought that would be an improvement on the front fagade and thanked the commissioners for their comments. Commissioner Orthwein suggested the shutters be a more contrasting color because they were blending into the house and barely visible at the color shown on the rendering. Town Manager Dunham asked about the swales in the back and front yards to which Mr. Jones stated that they were there to maintain all the potential water that would fall on this property and to maintain it on-site so as to not divert to the two other properties. Commissioner Orthwein brought up contacting the neighbors again regarding the seawall to let them know, even though it was being raised as a direct result of the FEMA Guidelines, it would be nice for them to see what it was going to look like and have a chance to raise theirs as well at the same time. Mayor Morgan agreed that maybe a call would be nice instead of a notice by letter. Commissioner Lyons asked if there had been any comments from the neighbors and Town Clerk Taylor answered there had been none. 0 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. Vice Mayor Stanley made a motion to approve a demolition permit for the demolition of all structures. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Land Clearing Permit to clear the land enough to build a new structure. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Special Exception to permit up to an additional 153 sq. ft. of covered open area that exceeds the maximum FAR. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Level III Architectural/Site Plan based on a finding that the demolition of all existing structures, clearing the land to permit the construction of 5,266 sq. ft. Colonial West Indies 2-story single family dwelling, two and a half car garage, and a swimming pool with the change of the three windows on the front fagade will be reduced from 6' to 5' and the shutter colors will be revised with the approval of the Town Staff meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1.Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 2. Prior to the issuance of a building permit, the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 2. 554 Palm Way a. Declaration of Ex-Parte Communication There was none. Vice Mayor Stanley recused himself from voting citing professional reasons. b. Administer Oaths Town Clerk Taylor swore in Matthew Ostrowski. c. Application submitted by Matthew Ostrowski, Architecture Experiences, Inc., Agent for Barry Lorenzetti, owner of the property located at 554 Palm Way, Gulf Stream, Florida legally described as the south 50 ft. of Lt. 21 in Polo Cove and Lot 1 plus the west 41 ft. of Lot 2 in Gulf Stream Cove. (1) SPECIAL EXCEPTION to permit an additional 185 sq. ft. of covered open area that exceeds the maximum floor area ratio. 5 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the addition of 2 balconies to the existing two-story, Dutch Colonial, single family dwelling and extend a privacy stucco wall, fence and hedges. Mr. Matthew Ostrowski made a presentation describing the minor addition of two balconies to the rear yard of the existing house and some landscaping work to be provided to continue and complete the privacy screening elements in the north parking area. The balconies will be on the second floor attached to two existing bedrooms and will have pathways underneath them that will not be covered, he added. Mr. Ostrowski explained they were adding ornamental trim and lighting to the entryway and changing gas lighting to electric as well as replacing existing balcony railings to match the railings on the new balconies. He stated they were adding a stucco wall fence and hedges on the west side of the property to match the existing. Mr. Ostrowski stated that the entry fagade will provide a more complimentary detailing to the Dutch Colonial fagade including new pediment molding using a white tile and a herringbone pattern. Commissioner Orthwein made a motion to approve a special exception to allow up to 300 sq. ft. of roof projections (covered, unenclosed areas) that exceed the allowable FAR by 185 sq. ft. Commissioner white seconded the motion with all voting AYE at roll call. Commissioner Orthwein made a motion to approve a Level III Architectural/Site Plan based on a finding that the addition of two balconies to the existing two-story, Dutch Colonial, single family dwelling and the extension of a privacy stucco wall, a fence and new hedges meets the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for review and approval prior to commencement of landscaping. Commissioner White seconded the motion with all voting AYE at roll call. 3. 3054 Gulf Stream Road a. Declaration of Ex -Parte Communications There was none. Vice Mayor Stanley recused himself from voting citing professional reasons. b. Administer Oaths Town Clerk Taylor swore in Dave Bodker. c. Application submitted by Dave Bodker, Dave Bodker Landscape Architecture, Agent for William Holding, owner of the property located at 3054 Gulf Stream Road, Gulf Stream, Florida, legally described as Lot 19, Gulf Stream Properties. 1.1 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. (1) DEMOLITION PERMIT to demolish all structures on the property. (2) LAND CLEARING PERMIT to remove 13 trees less than 8" in diameter. (3) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit removal of all structures and install irrigation system and sod on entire property. Mr. Dave Bodker, landscape architect, stated they were seeking a demolition permit for the existing house, pool and other paved areas. He added their intention was to remove the minimum number of trees possible and still do the demolition. Mr. Bodker stated all the existing trees and hedges would be protected during demolition by temporary fencing and after completion of the demolition, the yard would be sodded and irrigated. Commissioner Lyons asked what was going to happen after everything was demolished. Mr. Bodker stated the Holdings owned the home just to the south and for the time being the property will sit vacant until they decide to build or sell. Commissioner Orthwein made a motion to approve a demolition permit. Commissioner White seconded the motion with all voting AYE at roll call. Commissioner Orthwein made a motion to approve a land clearing permit to remove 13 trees less than 8" in diameter. Commissioner White seconded the motion with all voting AYE at roll call. Commissioner Orthwein made a motion to approve a Level III Architectural/Site Plan to demolish a structure and to re -sod and irrigate the entire lot. Commissioner White seconded the motion with all voting AYE at roll call. 4. 4225 N. County Road a. Declaration of Ex -Parte Communications There was none. b. Administer Oaths Town Clerk Taylor swore in Michael Rizzo. c. Application submitted by Michael Rizzo, Rizzo & Rizzo, Inc. as Agent for Robert & Sandra Powell, owners of the property located at 4225 N. County Road, Gulf Stream, Florida, legally described in metes & bounds in Government Lot 2, Section 34, Township 45 S. Range 43. (1) DEMOLITION PERMIT to demolish 575 sq. ft. of existing building. (2) LAND CLEARING PERMIT to construct a new septic system. (3) SPECIAL EXCEPTION to permit up to a maximum FAR of 2,500 sq. ft. due to the small size of the property. 7 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. (4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit additions and renovations to the existing Gulf Stream Bermuda, one-story, single family dwelling that will increase the size of the dwelling to 2,392 square feet. Mr. Michael Rizzo, architect, explained that this was one of the smaller lots in town with one of the smallest homes. He stated the house was inferior wood construction right now, not cement block, and the septic system and tank was in the east corner in the front of the house and was currently under size and wouldn't meet today's Code. Mr. Rizzo stated they were proposing to demolish the front part of the house they had enclosed with wood and the chimney. He added they were proposing to remove all the existing trees and vegetation because anything over eight inches in the front were diseased and had large holes in them. Mr. Rizzo stated they wanted the leach field to be alongside the house with the high-performance septic system in the back of the house. He added they needed to remove the trees where the current septic system was located but they were going to keep the large Banyans in the back that anchored the corners. Mr. Rizzo said they were proposing a Chattahoochee Stone driveway with a Clusia hedge to wrap the perimeter in place of the wooden fences to clean up and provide privacy. Mr. Rizzo stated the site itself was approximately 5,600 sq. ft. and under the Town Code it allows a house up to 2,500 sq. ft. and they were at 2,392 with what they wanted to add. He stated the special exception was required because it was a non -conforming site with non -conforming setbacks, and they need special exceptions for the setbacks. Mr. Rizzo stated all their setbacks were less than what currently existed and provided relief. He added they pushed the building back in the front, which is the setback that didn't conform. Mayor Morgan asked if the Commission granted the special exception requests, were they going to come back with a landscape plan to which Mr. Rizzo answered in the affirmative. Town Manager Dunham explained that the architectural board added a condition that prior to the issuance of a certificate of occupancy a landscape plan would be approved by the Town Commission and added they didn't have a landscape plan because he was under the impression the owners wanted to see what the house looked like before submitting a landscape plan. Mr. Rizzo interrupted and stated they did have a preliminary landscape plan of Clusia hedge on three sides and the two Banyans in the back yard. He added what they did not plan was the front of the house which would be the center island and the foundation along the front. Mayor Morgan asked why the center box needed to be so high to which Mr. Rizzo explained it wasn't that high because the site drops four feet from the steps to the edge of the driveway. He added the cupola was 40'-45' off the street line and if you looked at the surrounding lots, they had houses that were 30 and 40 feet high and towers over 100 feet. Mr. Rizzo said the top of the tower on the house 0 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. was 271, which was lower than the adjoining property line. He explained that it was meant to bring light into the house because the living room didn't have any exterior light other than filtering through the breakfast area. Commissioner Orthwein stated it was an improvement to what was presently there. Commissioner White asked if those were copper gutters on the rendering to which Mr. Rizzo answered in the affirmative and thought it was the most durable material due to the proximity to the ocean. Commissioner Lyons thought the structure in the middle was larger than a cupola and had an unusual vertical look and wanted to discuss a little further because he didn't know how it fit into the streetscape of County Road. Commissioner Lyons stated he understood the lighting objectives, but it didn't seem to have much window and he thought it looked beautiful without the cupola. Mr. Rizzo disagreed and stated without the cupola it would look like a cement bunker. He added they were Bahama shutters on the cupola which allows the sun to come in all day long. Commissioner Lyons stated that the landscaping should be able to soften if they were going to leave it as is. Commissioner Lyons asked if there had been any comments from the neighbors to which Town Clerk Taylor stated there had been no comments. Commissioner Lyons thought the existing building was fine and although it wasn't ideal from his perspective, he thought with the landscaping the Commission should show some flexibility on the house. Commissioner Orthwein stated that if they could put in some taller palm trees and some flowering trees in the front it would take away from the height of the cupola and the stark whiteness. Mayor Morgan stated the consensus was that it was an improvement to the property and the landscaping would be critical to helping cover the cupola. Commissioner Orthwein agreed that it was a vast improvement to that area. Vice Mayor Stanley made a motion to approve a demolition permit for the demolition of selected areas of a single -story house located at 4225 N. County Road. The motion was seconded by Commissioner White with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Special Exception of Floor Area Ratio for a lot less than 7,576 sq. ft. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Special Exception for additions to the structure at 4225 N. County Road with existing non -conforming setbacks. The motion was seconded by Commissioner White with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Level III Architectural/Site Plan based on a finding that the selected demolition of a single -story 1,879 sq. ft. house and the reconstruction of additions to the house making a total square footage of 2,392 sq. ft. including a double height living room meets the minimum intent of the Design Manual and applicable review standards with the following conditions: Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. 1. A full landscape plan be submitted to the Town Manager prior to certificate of occupancy. 2. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 5. 520 Middle Road a. Declaration of Ex-Parte Communications There was none. Vice Mayor Stanley recused himself from voting citing professional reasons. b. Administer Oaths Town Clerk Taylor swore in Fritz Souder. c. An application submitted by William Souder, owner of the property located at 520 Middle Road, Gulf Stream, Florida, legally described as Lot 19 and a portion of Lot 20 in Gulf Stream Cove. (1) VARIANCE to permit construction of a 30 ft. long dock which exceeds the 13.3 ft. maximum permitted. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 30 ft. long dock which exceeds the 13.3 ft. maximum permitted. Assistant Town Attorney Nazzaro went over the Commission responsibilities when considering a request for a variance. He stated that a variance was permission for a landowner to go outside the limits of the Code to build something which would otherwise not be permitted. He added that the Code at Section 66-154, Standards, gave the Board the specific criteria that must be met for a variance to be granted. All eight criteria must be met, and the burden was on the applicant to establish the existence of the required eight variance standards. Mr. Nazzaro explained that the Town consulted with its planner to prepare for the variance hearing before the ARPB and the planner said that the restrictions on this lot were incorrect in the Code. He added that later in the Agenda was an Ordinance that corrected that error and allowed a dock up to 28.1' to be built on the property. It was the same as two nearly identical lots that also have 43.3' of water frontage in the cove directly north of that property. With the correction of that error, the applicant would be permitted to have a dock 28.1' long without the need for a variance. Mr. Souder explained there were existing dolphin poles in place and pilings that were designed for the existing 30' dock. He just wanted to repair the dock as it was not in very good shape so his goal would be to do a new 30' wood frame dock because he had to take the old one down due to safety issues. Commissioner White stated she didn't 10 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. have a problem of the replacement but that it would have to be uniform to everyone that wanted to replace. Mayor Morgan agreed and stated that it did meet the requirements of a variance up to 28.11, which was consistent with the other properties under the Code and to go beyond that would not meet the criteria. Commissioner Orthwein commented that he had a dock that was 30' originally and all he was doing was looking to replace that. Mayor Morgan stated that it would be conferring a special privilege. Assistant Town Attorney Nazzaro stated because it was a total replacement it needed to conform to the existing Code. Commissioner Orthwein stated she understood, she just thought since he had it before then he should be able to replace it. Commissioner Lyons agreed with Commissioner Orthwein and thought it was a matter of taking the existing dimensions and repairing them. He added that all Mr. Souder was doing was replacing something that was already there. Mayor Morgan stated they were all sympathetic to it, but good facts made bad law, and this would be deviating from the legal standard of a variance and setting precedent to go back to. Commissioner Orthwein understood and thought there should be something in the Code regarding those who wanted to replace an exact footprint to bring things up to today's standard as things age and not make it a variance. Mr. Souder reiterated that the dolphin poles were set for the original 30' dock and if it wasn't for the mistake of 13' in the Code, he probably could have kept the ends of the dock. He added that because of the mistake he had to replace the seawall in order to move into the house and had to take the dock out. Mayor Morgan asked what the difference was between the 28.1' vs. 30' to which Mr. Souder stated the only real difference was the existing dolphin poles, some expense because the Code was wrong and now more expense because he was going to have to move the dolphin poles. Mr. Souder stated all he wanted to do was repair something that hadn't been kept up and the neighbors had no problem with it. Commissioner Orthwein made a motion to approve a variance from the provisions in Sec. 66-369 to permit the construction of a 28.1' X 5' dock at 520 Middle Road. Commissioner white seconded the vote with Commissioner Orthwein, Commissioner White and Mayor Morgan voting AYE at roll call. Commission Lyons voted NO at roll call. IX. Reports A. Town Manager 1. Utility Undergrounding Town Manager Dunham stated the Town had filed suit with AT&T with AT&T's response being due by July 20, 2020. He added that Comcast had installed all the drops so the next step was to hook the equipment to the homes and that would need to be scheduled by the residents. 11 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. 2. Update-AlA Water Main Project Construction Town Manager Dunham stated the piping was in from Sea Road up to County Road and he felt it would be completed within the next two weeks. 3. Update -Place Au Soleil Street Lighting Town Manager Dunham stated this project had begun. B. Architectural Review & Planning Board 1. Meeting Dates a. July 23, 2020 at 8:30 A.M. b. No August Meeting c. September 24, 2020 at 8:30 A.M. d. October 22, 2020 at 8:30 A.M. e. November to be determined. C. Finance Director 1. Financial Report for June 2020 Town Manager Dunham stated the report represented 750 of the budget. D. Police Chief 1. Activity for June 2020 Chief Allen requested the report be accepted as submitted and noted that two vehicles had been stolen last month as well as two more this month. He added they had gone door-to-door advising the residents. Mayor Morgan reiterated that the Town had written to the residents, the police had gone door-to-door warning the residents, but people are still leaving cars running, leaving keys and valuables in their vehicles and eight vehicles stolen this year was a lot. Mayor Morgan accepted both reports as submitted. X. Items for Commission Action. A. Presentation of Proposed Budget for Fiscal Year 2020-2021 Town Manager Dunham stated that the ad valorem tax levy was the primary source of revenue for the Town. He added that the last three years the Town had either lowered the rate or set it at the rollback rate, and they were proposing to do the rollback rate this year. Mayor Morgan stated we would probably see a reduction in the penny sales tax revenue this year to which Town Manager Dunham agreed. Mr. Dunham then added that some of the services such as Fire Rescue and Waste Management contracts had gone up, but the Town wasn't having to increase the ad valorem tax levy. Town Manager Dunham stated that the budget was going to be CIP driven for the next several years and wanted to thank Commissioner Lyons for working with the staff in developing a sound cash management program that has allowed the Town to keep the millage rate in check. 12 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. 1. Budget Consideration Town Manager Dunham pointed out the Town's ending unrestricted fund balances for fiscal years since 2011 and stated that for the year ending 2019 the Town was at a balance of $5,669,187. 2. 2019-2020 Millage Rate Town Manager stated the millage rate for 19-20 was 3.8606 and the budgeted ad valorem proceeds for operations were $4,618,484. 3. Proposed Millage Rate for Fiscal Year 2020-2021 Town Manager Dunham stated the proposed millage rate for 20-21 was 3.7591, which is the 2021 rollback rate. He added the ad valorem proceeds at that proposed millage rate for 2021 operations would be $4,621,805. Mr. Dunham stated the prior year final gross taxable value for Gulf Stream was $1,195,147,298 and for this year it would be $1,227,409,563. He added that some highlights for this coming year are the addition of a full-time police officer, a CIP planning year for the North Core District and installation of "smart meters" town wide. The total proposed expenditures for the General Fund were $501,930 and the Water Fund at $400,778. The total budget for 2020-2021 was $7,597,355. Mayor Morgan thanked the staff for a well -constructed budget. He stated that the Town had been asked numerous times to consider putting cameras throughout the Town in select areas. He noted that Lt. Haseley had studied it and they had spoken to other towns and concluded it would not be a real benefit to the Town but those funds should be spent on better equipment for the police and, more importantly, adding another police officer to the force. Commissioner Lyons asked what a smart meter would allow him to do. CFO Tew explained that there were different types of smart meters that varied from very complex with a lot of user features to basic ones. She stated they had landed in the middle at the $200,000 range and there were smart meters that would remotely let you check your usage per day, per week, etc. and they all had the ability for the resident to create an account and monitor their own meter. Vice Mayor Stanley made a motion to approve the proposed millage rate of 3.7591 for Fiscal Year 2020-2021. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 4. Certification of Rolled Back Millage Rate Vice Mayor Stanley made a motion to approve the certification of the rolled back millage rate of 3.7591. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 5. Date of First Public Hearing -Tentative Budget Adoption Vice Mayor Stanley made a motion to set the date of the first public hearing tentative budget meeting to be September 11, 2020 at 5:01 P.M. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. 13 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. 6. Date of Second Public Hearing -Final Budget Adoption Vice Mayor Stanley made a motion to set the date of the second public hearing final budget meeting to be September 22, 2020 at 5:01 P.M. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. B. Ordinances 1. ORDINANCE NO. 20/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, SECTION 66 -369 -DOCKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE UPON FIRST READING THIS 10th DAY OF JULY, 2020 AND WILL BE PRESENTED FOR SECOND READING AND ADOPTION IN AUGUST. Assistant Town Attorney noted this was a correction to an error in the Code. Commissioner Orthwein made a motion to approve the first reading of Ordinance No. 20/3. Commissioner White seconded the motion with all voting AYE at roll call. 2. ORDINANCE NO. 20/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING AN UPDATED AND REPRODUCED CODE FOR THE TOWN OF GULF STREAM; PROVIDING FOR THE REPEAL OF ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE BEING PRESENTED UPON FIRST READING THIS 10TH DAY OF JULY, 2020. Assistant Town Attorney Nazzaro explained this was a requirement when the Code Book is updated. Commissioner Orthwein made a motion to approve the first reading of Ordinance No. 20/4. Commissioner White seconded the motion with all voting AYE at roll call. C. Purchase of Body Cameras Town Manager Dunham reminded the Commission that they had discussed in the past the idea of moving to body cameras to replace the in -car cameras. He added that the Town sought bids for 12 body cameras to replace the in -car cameras that are still in use. Mayor Morgan asked if the in -car cameras would still be used to which Chief Allen told him they would be phased out as they quit working which they already had one that wasn't working and it was astronomical in price to fix them. He added body cameras were more effective than in -car cameras. Vice Mayor Stanley asked how long the video footage had to be kept. Assistant Town Attorney Nazzaro answered a minimum of 90 days and from there it related to what type of crime it was. Mayor Morgan asked how the video footage was preserved to which Chief Allen stated the company they were 14 Minutes of Town Commission Regular Meeting & Public Hearing Held July 10, 2020 @ 9:00 A.M. purchasing from would be giving them a server to upload the footage to and they would back it up as well. Commissioner Orthwein made a motion to approve the purchase of 12 body cameras from Wolfcom at the price of $22,058. Commissioner White seconded the motion with all voting AYE at roll call. D. Items by Mayor & Commissioners There were none. XI. Adjournment Mayor Morgan adjourned the meeting at 11:58 A.M. Renee Bas'6-1-_/ Assistant Town Clerk 15